Colorado Questions & Answers by Practice Area
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Colorado Questions & Answers
Q: Colorado. Will my great grndmthr’s college ed trust fund 4 my 2 college kids b financially considrd n my favor n divorce
Stephen J. Plog's answer
If the trust is set up for grandchildren as beneficiaries a court would not wonder this to be marital property and it should have no bearing on the division of marital property or funds in the divorce.
If the trust is set up for grandchildren as beneficiaries a court would not wonder this to be marital property and it should have no bearing on the division of marital property or funds in the divorce.
Q: As a seller, what are my rights concerning the buyers inspection issues if I have a better back-up offer in place?
Tristan Kenyon Schultz's answer
Since Justia does not create an attorney-client relationship, I cannot directly answer your question. As a general rule, you, the seller, have a right to reject the (counter) offer of repairs (or discount for the repairs), but the buyer can still enforce the contract (assuming the buyer drops the fix requests). Also be aware that you as the seller cannot conduct actions to knowingly frustrate the existing contract by being unreasonable or adding new unreasonable conditions. I have not reviewed...
Since Justia does not create an attorney-client relationship, I cannot directly answer your question. As a general rule, you, the seller, have a right to reject the (counter) offer of repairs (or discount for the repairs), but the buyer can still enforce the contract (assuming the buyer drops the fix requests). Also be aware that you as the seller cannot conduct actions to knowingly frustrate the existing contract by being unreasonable or adding new unreasonable conditions. I have not reviewed...
Q: What is early suspended supervision
Tristan Kenyon Schultz's answer
Diversion is a "take it or leave it" contract. You have no room to negotiate about anything. Suspended supervision is functionally like parole (except that your charges are wiped clean if you successfully complete the program)--like parole, you have no negotiation power with suspended supervision. As for the chance of a random test or meeting, it is hard to say. You probably will be called at least once, but generally participants are contacted in the morning (so you can comply before going to...
Diversion is a "take it or leave it" contract. You have no room to negotiate about anything. Suspended supervision is functionally like parole (except that your charges are wiped clean if you successfully complete the program)--like parole, you have no negotiation power with suspended supervision. As for the chance of a random test or meeting, it is hard to say. You probably will be called at least once, but generally participants are contacted in the morning (so you can comply before going to...
Q: What am I facing in court? Any jail time? Any way I can get the felony dropped altogether or to a misdemeanor?
Tristan Kenyon Schultz's answer
Class 5 felony is a $1,000-100,000 fine and 1-3 years in jail. The other charges will increase the fine and jail time. Usually many/most minor charges are dropped if a plea is taken. YOU NEED A LAWYER. You qualify for a public defender or you may want to hire a private criminal defense attorney.
Class 5 felony is a $1,000-100,000 fine and 1-3 years in jail. The other charges will increase the fine and jail time. Usually many/most minor charges are dropped if a plea is taken. YOU NEED A LAWYER. You qualify for a public defender or you may want to hire a private criminal defense attorney.
Q: A Biz in NC owes me money after using my services in Denver Co, What are my options to collect the balance.
Tristan Kenyon Schultz's answer
Small claims court. Win the case and then seek court enforcement of the judgment. The process can be done with or without a lawyer. The costs are a few hundred dollars, but it will waste time... Your call.
Small claims court. Win the case and then seek court enforcement of the judgment. The process can be done with or without a lawyer. The costs are a few hundred dollars, but it will waste time... Your call.
Q: Can a person be fired from their job for having thought-based OCD, even if it does not interfere with work?
Tristan Kenyon Schultz's answer
From your facts, yes this is an ADA violation. You can sue - this is the type of case many attorneys will take on contingency (of course UNC will not like you, so you may need to transfer AFTER the lawsuit). UNC is worried about a Holmes # 2 (a reasonable concern, but they cannot be cute if you can truly and unbiasedly document that this is OCD and NOT a threat to others...
From your facts, yes this is an ADA violation. You can sue - this is the type of case many attorneys will take on contingency (of course UNC will not like you, so you may need to transfer AFTER the lawsuit). UNC is worried about a Holmes # 2 (a reasonable concern, but they cannot be cute if you can truly and unbiasedly document that this is OCD and NOT a threat to others...
Q: Is there a problem holding two permanent residencies in terms of entering and exiting the two countries?
Tristan Kenyon Schultz's answer
It is fine to multiple permanent resident statuses in DIFFERENT countries. Which card you use when you enter will impact your immigration status (e.g. a Canadian resident would need a visa for an extended stay in the US; but a US resident has no limitation on how long they stay in the US). Note, which card you use can impact tolling (if you are considering full citizenship). Lastly, DO NOT enter with one card and leave with the other (it will create a bureaucratic problem that will be very time...
It is fine to multiple permanent resident statuses in DIFFERENT countries. Which card you use when you enter will impact your immigration status (e.g. a Canadian resident would need a visa for an extended stay in the US; but a US resident has no limitation on how long they stay in the US). Note, which card you use can impact tolling (if you are considering full citizenship). Lastly, DO NOT enter with one card and leave with the other (it will create a bureaucratic problem that will be very time...
Q: I have remarried. I receive alimony. I live in CO. Am I suppose to inform him and tell him he doesn't pay anymore?
Tristan Kenyon Schultz's answer
You have to file with the court to terminate alimony. The form is short and you will want a copy of your current marriage certificate. After the form is filed with the court, you will need to mail the notice to your ex. Do not cash the check (if you receive one) for the extra payment (I recommend that you make a copy and send the check back with the notice). Here is a link to the forms: http://www.intotolegal.com/upcoming%20Events/Forms.html . Visit your local courthouse for guidance and...
You have to file with the court to terminate alimony. The form is short and you will want a copy of your current marriage certificate. After the form is filed with the court, you will need to mail the notice to your ex. Do not cash the check (if you receive one) for the extra payment (I recommend that you make a copy and send the check back with the notice). Here is a link to the forms: http://www.intotolegal.com/upcoming%20Events/Forms.html . Visit your local courthouse for guidance and...
Q: After my father passed away he received the last check from his mother's estate (my grandmother)
Tristan Kenyon Schultz's answer
I cannot comment on Indiana law, but I can comment on Colorado law. The estate rules for this matter should be very similar between states. In Colorado, the check from the grandmother's estate should be deposited in the father's estate (esp. if the estate is still in probate). Then the check should be paid out per will/instate rules ALONG with all other property from the father's estate as the estate is closed. DO NOT distribute the check early. If you or your sister need the money or the...
I cannot comment on Indiana law, but I can comment on Colorado law. The estate rules for this matter should be very similar between states. In Colorado, the check from the grandmother's estate should be deposited in the father's estate (esp. if the estate is still in probate). Then the check should be paid out per will/instate rules ALONG with all other property from the father's estate as the estate is closed. DO NOT distribute the check early. If you or your sister need the money or the...
Q: What are the technical standards for marijuana blood tests in Colorado? Amount of blood, times tested, solution?
Tristan Kenyon Schultz's answer
This is something that you will need to review with a lawyer. Here is a link for the general rules: http://norml.org/legal/item/colorado-drugged-driving
This is something that you will need to review with a lawyer. Here is a link for the general rules: http://norml.org/legal/item/colorado-drugged-driving
Q: On what grounds can blood tests for marijuana be suppressed?
Tristan Kenyon Schultz's answer
There is not enough information to answer your question. Suppression of evidence in a criminal trial usually turns on (1) relevance to the charge (e.g. a blood test for fraud is not relevant) and/or (2) there was a defect the police gathering/handling/testing of evidence. If this was for a DUI or other traffic related defense, the chances of suppression are very low. Since suppressing evidence requires technical legal training, you probably will need a lawyer to evaluate and file a motion to...
There is not enough information to answer your question. Suppression of evidence in a criminal trial usually turns on (1) relevance to the charge (e.g. a blood test for fraud is not relevant) and/or (2) there was a defect the police gathering/handling/testing of evidence. If this was for a DUI or other traffic related defense, the chances of suppression are very low. Since suppressing evidence requires technical legal training, you probably will need a lawyer to evaluate and file a motion to...
Q: Will a baby dui .02-.04 under 21 count as a conviction towards colorado's new felony dui?
Tristan Kenyon Schultz's answer
Generally, the 4th DUI creates a felony. There is judicial discretion on a felony change which may apply in your situation.
Generally, the 4th DUI creates a felony. There is judicial discretion on a felony change which may apply in your situation.
Q: I filed a PFA against my husband, Petitioner in our divorce. He has an attorney; I can't afford one. I agreed to
Tristan Kenyon Schultz's answer
For the harassment, you will need to file a police report. For the temporary injunction violations you must file with the court. You cannot sue his employer. If you cannot afford a lawyer there are pro bono attorneys: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html .
For the harassment, you will need to file a police report. For the temporary injunction violations you must file with the court. You cannot sue his employer. If you cannot afford a lawyer there are pro bono attorneys: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html .
Q: I'm in the Philippines, married a Filipina 3 years ago, we have a 2 yr old child, US citizen. My goal is to live in US
Tristan Kenyon Schultz's answer
Generally speaking a tourist visa cannot be transferred to another visa. If you are seeking permanent residence/citizenship there are various methods (none of them easy): here is the link to USCIS for a Green Card (permanent resident) information (including the application): https://www.uscis.gov/greencard . Here is the link to the Green Card via immediate relative: https://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen .
Generally speaking a tourist visa cannot be transferred to another visa. If you are seeking permanent residence/citizenship there are various methods (none of them easy): here is the link to USCIS for a Green Card (permanent resident) information (including the application): https://www.uscis.gov/greencard . Here is the link to the Green Card via immediate relative: https://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen .
Q: My son turns 19 in Jul '16 & he joined US Navy in Jan '16...do I need to file docs when he turns 19 to stop CS? Which?
Tristan Kenyon Schultz's answer
First check your custody/support order to see if there is any guidance. You will need to file a MOTION TO TERMINATE CHILD SUPPORT (the form is JDF 1408) - a link to the CO courts can he found here: http://www.intotolegal.com/upcoming%20Events/Forms.html .
First check your custody/support order to see if there is any guidance. You will need to file a MOTION TO TERMINATE CHILD SUPPORT (the form is JDF 1408) - a link to the CO courts can he found here: http://www.intotolegal.com/upcoming%20Events/Forms.html .
Q: Child support if child lives with aunt.
Tristan Kenyon Schultz's answer
You will need to seek a modification of the support order. You can contact an attorney or your local courthouse will have resources. You can also contact the child support office. Court personnel cannot provide legal advice, but they can direct you the correct forms.
You will need to seek a modification of the support order. You can contact an attorney or your local courthouse will have resources. You can also contact the child support office. Court personnel cannot provide legal advice, but they can direct you the correct forms.
Q: Need advice for up coming appointment
Tristan Kenyon Schultz's answer
The best advice is to be honest. Since the Justia Q&A; is not privileged (because no attorney client relationship exists), coaching cannot be provided. I recommend that you bring all relevant medical and SSD documents with you - you probably won't need them, but you never know...
The best advice is to be honest. Since the Justia Q&A; is not privileged (because no attorney client relationship exists), coaching cannot be provided. I recommend that you bring all relevant medical and SSD documents with you - you probably won't need them, but you never know...
Q: My grandson is in my care through DCS can my daughter give me guardianship, I live in CO. she lives in IN?
Tristan Kenyon Schultz's answer
DCS? Do you mean DHS (Department of Human Services)? From your facts, you sound like a good candidate for guardianship. If you daughter cooperates, the process will be easier. If the father cooperates too, the guardianship application will be really easy - if he doesn't cooperate, you have solid grounds to request guardianship (2 child endangerment charges significantly increase the success of your petition). Now the uncertain part, where is a adjudication occurring? If it is in CO, then you...
DCS? Do you mean DHS (Department of Human Services)? From your facts, you sound like a good candidate for guardianship. If you daughter cooperates, the process will be easier. If the father cooperates too, the guardianship application will be really easy - if he doesn't cooperate, you have solid grounds to request guardianship (2 child endangerment charges significantly increase the success of your petition). Now the uncertain part, where is a adjudication occurring? If it is in CO, then you...
Q: Does social service allowed to contact my son father Or his grandparents. If he not on the birth certificate.
Tristan Kenyon Schultz's answer
I'm not sure exactly what you mean. I think you mean, can social services contact a child's extended family even if the family is not listed on the birth certificate? If I am correct, the answer is yes a social worker can (and usually does) contact a child's extended family. Whether the father is listed on the birth certificate is immaterial; what does matter is if: (1) the son is the biological father and (2) the social worker was trying to investigate parentage. I cannot comment about the...
I'm not sure exactly what you mean. I think you mean, can social services contact a child's extended family even if the family is not listed on the birth certificate? If I am correct, the answer is yes a social worker can (and usually does) contact a child's extended family. Whether the father is listed on the birth certificate is immaterial; what does matter is if: (1) the son is the biological father and (2) the social worker was trying to investigate parentage. I cannot comment about the...
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